Attorney wants DA removed from retrial of Santa Paula murder case

The lawyer for a Santa Paula man charged with murder says that during a recess in the trial, the prosecutor told a co-defendant to lie on the stand and threatened to withdraw his plea deal if he didn't do so.

Manuel Rodriguez, of Santa Paula, and his cousin Paul Carrillo, of Ventura, both 24, are charged with the gang-related drive-by killing of Edgar Flores, 27, in August 2007. In September, a judge declared a mistrial in the case.

Attorney Ron Bamieh filed a motion last week to postpone the retrial, saying that prosecutor Stacy Ratner relied solely on the testimony of co-defendant Miguel Gonzalez to get a conviction against Rodriguez.

On Tuesday, Ventura County Superior Court Judge James Cloninger gave Bamieh until mid-December to file motions to have the case dismissed based on prosecutorial misconduct and to recuse the District Attorney's Office from prosecuting Rodriguez.

When asked, Bamieh told Cloninger he had filed two motions to recuse the district attorney in another criminal case and succeeded in one of those motions.

Ratner told Cloninger she plans to file a response to Bamieh's allegations and motions.

Cloninger said the legal issues will be heard Jan. 15.

Ratner declined to comment as she left the courtroom, citing pending litigation. Joseph O'Neill, Carrillo's attorney, also declined to comment.

In September, Cloninger declared a mistrial after jail phone conversations surfaced that brought into question the credibility of Gonzalez, who had testified. Gonzalez allegedly told people he had lied on the stand to get a plea bargain from the District Attorney's Office.

Gonzalez, who drove a pickup used in the shooting, pleaded guilty in 2009 to voluntary manslaughter and carrying a loaded weapon. He was sentenced to 22 years in prison in exchange for his testimony.

During the trial, three of Carrillo's former high school acquaintances who saw the shooting testified that Carrillo fired the gun. Only Gonzalez testified that Rodriguez was in the vehicle and handed a gun to Carrillo, according to court testimony.

"He (Gonzalez) is the only person who can put Mr. Rodriguez in the car," Bamieh said. "He's the only person that's ever said Mr. Rodriguez did anything to aid and abet."

Gonzalez says that during a recess in the trial, Ratner threatened him, Bamieh said. He said the threat was relayed to Gonzalez through his lawyer, Victor Salas.

Bamieh said Salas agreed to give a statement that Ratner told him his client was messing up and threatened to revoke the plea deal.

Salas said he agreed to let Bamieh and his investigator interview Gonzalez. Salas said he told Bamieh that he had spoken with Ratner but never gave Bamieh or his investigator any of the details of that conversation.

Salas said Ratner was concerned that Gonzalez was being evasive and dishonest on the stand. Ratner told Salas she was concerned and would "pull his deal" because Gonzalez was changing his story.

Salas said Gonzalez wasn't being threatened and was told to tell the truth.